SUBHASH GOEL Vs. HARJEET SINGH

JUDGEMENT

(1.) THIS matter can be disposed of at the stage of admission itself. There is no need to serve the owner of the offending vehicle as the offending vehicle was duly insured with respondent No. 2, the insurance company and the present petition was duly contested by respondent No. 2 alone before the Tribunal. The award of Rs. 1,80,000/- has been passed by the Tribunal in favour of the appellant along with interest @ 9% per annum inclusive of interim award.

(2.) THE present appeal has been filed by the appellant claiming enhancement of the compensation amount over and above the amount as awarded by the Tribunal.

(3.) THE brief facts of the case relevant for deciding the present appeal are that on 17. 1. 2004 at about 7:00 pm, the deceased was driving motorcycle No. DL-3saa-7109. When the deceased reached at Dr. Ambedkar Marg, Khanpur, T point madangir, New Delhi, a bus No. DL-1pa-0640 driven by its driver at a very high speed and in a rash and negligent manner without caring for rules of traffic came from behind and hit the motorcycle of the deceased. As a result of the forceful impact, the deceased fell down on the road and sustained grievous injuries all over the his body. He succumbed to the injuries sustained in the accident. A compensation of Rs. 15 lakhs has been claimed by the petitioners alongwith interest at the rate of 12% per annum from the date of filing of the petition in their favour and against the respondents jointly and severally who are owner and insurer of the offending vehicle.